Measure Implementation

Is this measure possible in your Member State under International Judicial Cooperation?

Infiltration by undercover agents of the requested State: Covert collection of intelligence refers to short-term interaction with a certain person for the obtaining of information, and in which a police officer in order to conceal the task uses false, misleading or concealed information. Covert activity refers to extended collection of intelligence directed at a certain person or at his or her activity through the use of infiltration, in which false, misleading or concealed information, register notations or documents are used or prepared, in order to achieve the confidence needed for the collection of intelligence or to prevent the revelation of the collection of intelligence. Police officers have a right to undertake undercover activities if they are necessary for preventing, detecting or investigating certain serious criminal activities when there is justifiable cause to suspect that the persons on whom information is collected would commit certain severe offences. In addition the collection of intelligence is to be deemed necessary in view of the degree to which the criminal activity is planned, or in view of anticipated continuity of repetition. Undercover activities in a place of residence are permitted with an occupant's active assistance of entry or stay. Pseudo purchase denotes an offer made by a police officer to buy an object or property that is in someone's unlawful possession, or is the object of trade, in order to prevent or detect the possession, trade or illegal preparation of such objects or property or to locate them, or to recover proceeds from crime. A police officer has a right to make a pseudo purchase if there is an intention to take the substance into the possession of the police, or finding evidence in criminal matters or pseudo purchase could otherwise be of assistance in clarification of a criminal matter. In addition the pseudo purchase must be necessary in an investigation of certain offences and it shall not be committed in a way that induces the subject of the measure or another person to commit an offence that he or she would otherwise not commit. A pseudo purchase in a place of residence is only allowed if there is active co-operation of the person using the residence. Infiltration by agents of the requesting State in the territory of the requested State: A competent authority of another Member State of the EU may be authorized upon request to carry out undercover activities for collecting information and make pseudo purchases in Finland. The foreign undercover agent operates in accordance with Finnish law. He may not use coercive means. An agent may be authorized to carry a weapon when it is necessary considering the nature of the operation. The weapon may only be used in self defence. Handling of informers: The police may use informers, i.e. persons who confidentially provide information to the police, as a means of gathering criminal intelligence. The informers may be guided to acquire particular information but not incited to commit a punishable act. In addition the informer should not be asked to collect information in a manner which would require the exercise of the power of authorities or would endanger the life or health of the informer. A police officer is not obliged to reveal the identity of an informer when he is heard as witness. Only for extremely important reasons may a court order the identity revealed. The identity shall be kept secret if divulging it apparently would seriously endanger the security of the informer or a person close to him. The information is only to be used indirectly to target the investigation. The evidence to be presented in court should be obtained by other methods.

Legal Framework

International legal framework applicable for this measure in your Member State

EIO MLA 2000 Convention

Competent Authority

* receive the request/decision for judicial cooperation

National Bureau of Investigation

Accepted languages

Accepted languages for the request/decision

Finnish, Swedish or English

Execution deadline

Deadlines for the execution of the request/decision (where applicable)

-

Concise legal practical information

Special requirements

Decisions on undercover activities are taken by the chief of the NBI or the chief of Security Intelligence Services. If the covert activity takes place solely through the telecommunications network or the decision is about covert collection of intelligence, also a chief of a police department or an official especially trained in covert collection of intelligence and assigned with this function may authorize the covert activity. A decision on pseudo purchases are taken by the chief of the NBI or the chief of the Security Intelligence Service or if the offer of sale is made solely to the public an official especially trained in covert collection of intelligence and assigned with this function may authorize the pseudo purchase. Infiltration by an informer of the requested State is not possible.

Last reviewed on 30 January 2023 by EJN Secretariat

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